R. v. W.B.C., [2001] 1 S.C.R. 530, 2001
SCC 17
W.B.C. Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. W.B.C.
Neutral citation: 2001 SCC 17.
File No.: 27822.
2001: March 16.
Present: Iacobucci, Major, Bastarache, Binnie and Arbour
JJ.
on appeal from the court of appeal for ontario
Criminal law – Powers of Court of Appeal – No
substantial wrong or miscarriage of justice – Court of Appeal dismissing
accused’s appeal from conviction – Court of Appeal correct in applying
curative proviso of Criminal Code .
Statutes and Regulations Cited
Criminal Code, R.S.C. 1985, c. C-46, s.
686(1) (b)(iii).
APPEAL from a judgment of the Ontario Court of Appeal
(2000), 130 O.A.C. 1, 142 C.C.C. (3d) 490, [2000] O.J. No. 397 (QL),
dismissing the accused’s appeal from his conviction for sexual assault. Appeal
dismissed.
Sharon E. Lavine, for
the appellant.
Randy Schwartz, for the
respondent.
The judgment of the Court was delivered orally by
1
Iacobucci J. – This appeal comes to us as of right. The sole issue in the
appeal is whether the proviso in s. 686(1) (b)(iii) of the Criminal
Code can be invoked to uphold the appellant’s conviction. For substantially
the reasons of the majority in the Ontario Court of Appeal, we agree that the
proviso properly applies and accordingly we dismiss the appeal.
Judgment accordingly
Solicitors for the appellant: Greenspan,
Humphrey, Lavine, Toronto.
Solicitor for the respondent: The
Ministry of the Attorney General, Toronto.
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